Town requests new provincial regulation for airborne fine particulate matter

December 15, 2009 - For Immediate Release
The Corporation of the Town of Oakville has filed an application with the Ontario government under the Environmental Bill of Rights asking the government to institute a new regulation under the Environmental Protection Act (EPA) - or a new air pollution act if need be - that effectively regulates the emissions of airborne fine particulate matter (fine PM) to protect communities from adverse health effects.

"After an intense period of research and expert consultation, the Town of Oakville believes there is no effective provincial regulation to address these serious air pollutants, despite the health risks they pose," Oakville Mayor Rob Burton said. "We need the government to step up and provide effective legislation to protect communities from the harm fine PM can and does cause."

The town has requested the government regulate direct emissions of fine PM, as well as emissions of substances that can mix together in the atmosphere to create fine PM, referred to as "precursor" substances. The requested regulation would require a potential emitter to measure the combined air concentrations of existing levels of fine PM and future levels of fine PM that would result from the proposed new source of emissions, and would assess the risks to public health associated with the predicted concentrations.

"Town residents have been told over and over that public health and environmental protection are considered when the province makes a decision, but the town can find no basis for this assurance. There is no limit on fine PM concentrations now, and no limit on how much more can be added into our already overtaxed airshed," Mayor Burton said. "We're requesting a regulation that would require extensive assessment of the total fine PM levels for an area, and then ensure the results of the assessment are public. Residents should have an opportunity to comment before the province makes any decisions that could affect their health."

The requested regulation would establish a limit on the level of concentration of fine PM in an affected airshed, based on known health risks. Existing data from air quality monitoring stations and government and scientific reports indicate that current levels of fine PM concentrations in Oakville's air could already pose a threat to the environment and human health.

The Ontario Medical Association has predicted that the number of premature deaths in Halton Region resulting from air pollution will increase significantly by 2025 if ambient air quality levels do not improve.

"Existing regulations under the EPA do include identified "desirable" atmospheric levels of fine PM, but there is no specific requirement that levels remain below that," said Cindy Toth, director of Environmental Policy for the town. "The Ministry of the Environment is not currently required to consider ambient air quality when they are approving applications. There are standards that must be met for air approvals but they address suspended particulate matter, which creates visible smog, and not fine PM, which is a less visible threat."

The town's application references supporting documentation for the request, such as studies on the health effects of fine PM and litigation documents, as well as relevant laws and regulations from Ontario and the Canadian Environmental Protection Act (CEPA).

Fine PM has already been designated a toxic substance by the CEPA, but there is currently no existing federal or provincial regulation that would prevent, control or limit the amounts of fine PM that would be emitted into an affected airshed by a power plant.

The town's application to require a new air pollution act or regulation can be viewed on the Power Plant Updates web page.

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For more information:
Jane Courtemanche
Director, Strategy, Policy and Communications
Town of Oakville
905-845-6601, ext. 3038
jcourtemanche@oakville.ca

Douglas Carr
Town Solicitor, Legal department
Town of Oakville
905-845-6601, ext. 3018
dcarr@oakville.ca

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